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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-09-10 34250 MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-SIXTH REGULAR MEETING OF SEPTEMBER 10, 2003 On September 10, 2003, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Mayor Kirksey introduced the Livonia Police Honor Guard, who presented the colors as a memorial tribute for the anniversary of September 11 Mayor Kirksey introduced Patricia Hutchison, Chair of the Churchill Music Department, along with past and present members of the Churchill High School Music Choir, who offered several music presentations in commemoration of 9/11 Mayor Kirksey thanked Jay Young, Director of Community Services, Livonia Public Schools, for making the arrangements for this evening's musical presentation by the Churchill High School Music Choir Councilmember Dolan delivered the invocation Roll was called with the following result: Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp, Val Vandersloot and Jack Engebretson Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen Szymula, Director of Legislative Affairs and Linda McCann, Director of Community Resources On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 457-03 RESOLVED, that the minutes of the 1,495th Regular Meeting of the Council held August 27, 2003 are hereby approved as submitted During the audience communication portion of the agenda, Jane Soltesz, 9126 Fredrick, Livonia, Michigan, announced that over 4,000 people attended the Flea Regular Meeting of September 10, 2003 34251 Market at Greenmead on Sunday, September 7, and the Livonia Historical Society raised approximately $3,500 00 for the Alexander Blue House Councilmember Laura thanked the residents of Livonia for exercising their right to vote, thanked his supporters for all of their help during his campaign, and congratulated both Council President Engebretson and Wayne County Commissioner Lyn Bankes on their moving forward to the City General Election A communication from the Department of Finance, dated August 20, 2003, re forwarding various financial statements of the City of Livonia for the month ending July 31, 2003, was received and placed on file for the information of the Council A communication from the Department of Law, dated August 21, 2003, re Fennell Corporation v Robert A. Bedzyk and Theresa D. Bedzyk, Wayne County, City of Livonia and Bedzyk Brothers, Inc , Wayne County Circuit Court Case No 03-303721- CH, and an Order of Dismissal in favor of the City, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, it was CR 458-03 RESOLVED, that having considered an application from Paul and Donna Postula, 9353 Lathers, dated August 22, 2003, requesting permission to close Lathers between West Chicago and Cathedral on Saturday, October 4, 2003, from 1100 a.m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department CR 459-03 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 28, 2003, approved for submission by the Mayor, the Council does hereby approve and recognize the Clarenceville High School Homecoming Parade to be held on Friday, October 17, 2003, beginning at 6 00 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Maplewood, north on Maplewood to Morlock, west on Morlock to Parkville, south on Parkville to Bretton, west on Regular Meeting of September 10, 2003 34252 Bretton to Middlebelt; and north on Middlebelt to the Clarenceville High School athletic field, FURTHER, the Council does hereby request that the Wayne County Road Commission allow the City of Livonia to close the necessary roads between the hours of 6.00 p m. and 8.00 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Sgt. Wesley McKee is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia CR 460-03 RESOLVED, that having considered a letter from Lisa Hausman, Publicity Chairperson of the Frost Middle School PTSA Craft Show, dated August 14, 2003, which requests permission to display approximately 66 signs announcing the craft show to be conducted on Saturday, November 1, 2003, which signs are to be installed no earlier than Sunday, October 26, 2003, and removed no later than Sunday, November 2, 2003, at various locations in the City, and two signs measuring approximately 62" x 31" to be placed at the corners of Farmington and Lyndon and Stark and Schoolcraft no earlier than Saturday, October 18, 2003 and removed no later than Sunday, November 2, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 461-03 RESOLVED, that having considered a letter from Christine Stoll, Rummage Sale Advertising Chairperson, on behalf of St. Genevieve School, dated August 19, 2003, requesting permission to display 21 signs announcing a rummage sale to be conducted on Friday and Saturday, October 17 and 18, 2003, which signs shall be displayed at various intersections of the City no earlier than Friday, October 10, 2003, and removed no later than 5 00 p m on Sunday, October 19, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 462-03 RESOLVED, that having considered a letter from Elizabeth Hering, Director of Bands and Orchestra, Department Chair for Music, Churchill High School, dated August 22, 2003, which requests permission to display 22" x 28" signs advertising a rummage sale to be conducted on Saturday, September 27, 2003 at Churchill High School, which signs are to be installed no earlier than Saturday, September 20, 2003, and removed no later than Sunday, September 28, 2003, at various locations in the City, the Council does hereby grant and approve of this request in the manner and form herein submitted Regular Meeting of September 10, 2003 34253 CR 463-03 RESOLVED, that having considered Petition 2003-08-03-01, submitted by Kelly Schwanitz, dated August 12, 2003, wherein a request is submitted for the vacating of four feet of a ten-foot sewer easement located on the west side yard of 37670 St. Martins, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance CR 464-03 RESOLVED, that having considered a communication from the City Assessor, dated August 20, 2003, approved for submission by the Mayor, with regard to a request from Joe Durso, 15530 Farmington Road, Livonia, Michigan 48154, representing Randy Kline, 436 Jeni Lane, Milford, Michigan 48380, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed combination and division of Tax Item No 46-143-01-0027-000 and 46-143-01-0028- 000 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A Lot 29 and the West 28 50 feet of Lot 28 of "Newman Joy Road Subdivision", being part of the S 1/2 of the S W 1/4 of Sec 36, T 1 S , R.9 E , Livonia Township, now the City of Livonia, Wayne County, Michigan, as recorded in Liber 66 of Plats on Page 19 of Wayne County Records PARCELS Lot 27 and the East 28 50 feet of Lot 28 of "Newman Joy Road Subdivision", being part of the S 1/2 of the S W 1/4 of Sec 36, T 1 S , R 9 E , Livonia Township, now the City of Livonia, Wayne County, Michigan, as recorded in Liber 66 of Plats on Page 19 of Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a variance is granted by the Zoning Board of Appeals as to every nonconforming lot resulting from such split, none of said lots may be sold, leased or transferred CR 465-03 RESOLVED, that having considered a letter from the National League of Cities, dated August 22, 2003, with regard to the Annual Business Meeting to be held in Nashville, Tennessee, on December 13, 2003, the Council does hereby designate Councilmember Joe Laura as the Official Representative and Voting Delegate of the City of Livonia at the Annual Meeting, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution Regular Meeting of September 10, 2003 34254 CR 466-03 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 12, 2003, approved for submission by the Mayor, regarding the proposed relocation of the Northville Cider Mill (Parmenter's) to the Greenmead property, the Council does hereby refer this subject to the Committee of the Whole for its report and recommendation CR 467-03 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 25, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of forty-three (43) X26E TASER® less-lethal weapons for the Police Department from Michigan TASER® Distributing, 401 South Jackson Street, Jackson, Michigan 49201-2216, in the amount of $50,321 90, the same to be appropriated and expended from Account No 265-334-987- 000 (Capital Outlay - Other) for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 468-03 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated August 11, 2003, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and First Step for the period August 1, 2003 through July 31, 2004, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 469-03 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated August 11, 2003, approved for submission by the Mayor, regarding proposed Hold Harmless Contracts between the City of Livonia and John Farrar, Ed D, Arbor Hill Counseling, Horizon Treatment Center, Jacque Martin-Downs MA/MSW, Madonna University, Eastwood Clinics, Starfish Family Services, Quality Care Counseling, Geriatric Case Management, Joanne Turshnuik MSW and Hegira Programs, for the period August 1, 2003 through July 31, 2004, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contracts in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution Regular Meeting of September 10, 2003 34255 CR 470-03 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated August 11 , 2003, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and the Fair Housing Center of Metropolitan Detroit for the period August 1, 2003, through July 31, 2004, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 471-03 RESOLVED, that having considered a communication from the Chairman of the Zoning Board of Appeals, dated August 11, 2003, with regard to a request for review of Section 4 02(g) of Zoning Ordinance No 543, as amended, which pertains to the regulation of commercial vehicles in residential neighborhoods, the Council does hereby refer this item to the Legislative Committee for its report and recommendation CR 472-03 RESOLVED, that having considered a communication from the Chairman of the Zoning Board of Appeals, dated August 11, 2003, with regard to a request for review of Section 4 02(g) of Zoning Ordinance No 543, as amended, which pertains to the regulation of commercial vehicles in residential neighborhoods, the Council does hereby refer this issue, including City-owned vehicles taken home after normal business hours, to the Administration for its report and recommendation CR 473-03 RESOLVED, that having considered a communication from the Chairman of the Zoning Board of Appeals, dated August 11, 2003, with regard to a request for review of Section 4 02(g) of Zoning Ordinance No 543, as amended, which pertains to the regulation of commercial vehicles in residential neighborhoods, the Council does hereby refer the question of Ordinance regulations adopted in other communities regarding this issue to the Administration for its report and recommendation CR 474-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 14, 2003, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the storm sewer system within the Kinko Store property located at the northeast corner of Six Mile Road and Newburgh Road in the Southwest 1/4 of Section 8, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer plans, Regular Meeting of September 10, 2003 34256 and further that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer system in connection with the development of the aforementioned site located at the northeast corner of Six Mile Road and Newburgh Road in the Southwest 1/4 of Section 8 (See attached letter from 0 & M Investments L L C , dated July 29, 2003, indicating its willingness to reimburse the City for any such maintenance that may become necessary ) 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer system construction CR 475-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated August 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby appropriate and authorize an expenditure in the amount of $41,247 30 from the Michigan Transportation Fund (Major Road Account) to be paid to the County of Wayne, 415 Clifford Street, Detroit, Michigan 48226 in connection with the emergency relocation of a City water main located on the south side of Seven Mile Road at the Rouge River bridge, including the installation of an additional shut off valve in a well on each side of the bridge, due to the reconstruction of Seven Mile Road CR 476-03 RESOLVED, that having considered a communication from the City Planning Commission, dated August 7, 2003, which transmits its resolution 08-114-2003, adopted on August 5, 2003, with regard to Petition 2003-07-SN-06, submitted by Sign Art, Inc., on behalf of Charter One Bank, requesting approval for additional signage for the bank branch located at 37307 Six Mile Road, on the south side of Six Mile Road between Newburgh Road and Fitzgerald in the Northwest 1/4 of Section 17, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-07-SN-06 is hereby approved and granted, subject to the following conditions 1 That the Sign Package submitted by Sign Art, Inc , as received by the Planning Commission on June 10, 2003, is hereby approved and shall be adhered to, 2 That all wall signs on the building shall not be illuminated beyond one (1) hour after this business closes, 3 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows; Regular Meeting of September 10, 2003 34257 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, fitio 5 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 6 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for CR 477-03 RESOLVED, that having considered a communication from the City Planning Commission, dated July 24, 2003, which transmits its resolution 07-111-2003, adopted on July 22, 2003, with regard to the request submitted by Leo Soave, on behalf of Boulder Pines West, for approval of the Master Deed, bylaws and Site Plan in connection with Petition 2003-07-08-17, for the construction of Phase II of a condominium development (Boulder Pines West) located on the south side of Seven Mile Road between Merriman Road and Brookfield Avenue in the North 1/2 of Section 10, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and the Master Deed and bylaws and Site Plan in connection with Petition 2003-07-08-17 are hereby approved and granted, subject to the following conditions 1 That the Master Deed complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04 - 16 40 of the Livonia Code of Ordinances, and Article XX, Section 20 01- 20 06 of Zoning Ordinance #543, except for the fact the following shall be incorporated, • That the first floor of each condominium unit shall be brick or stone, on all four sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, 2 That the petitioner shall include language in the Master Deed or separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing by the City of Livonia, Regular Meeting of September 10, 2003 34258 3 That the brick used in the construction of each condominium unit shall be full face four (4) inch brick, no exceptions, 4 That the petitioner shall include language in the Master Deed or a separate recordable instrument establishing a cross access agreement between this development and the adjacent developments that are being developed in relationship to this phase, 5 That the Site Plan marked Sheet 1 dated 6/26/03 prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 6 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 7 That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and 8 That the petitioner shall comply with the stipulations listed in the correspondence dated July 18, 2003, from the Division of Police of the Department of Public Safety • Install street lighting to enhance traffic safety and to promote crime prevention • Install sidewalks for pedestrian safety • Install a stop sign for southbound traffic at the intersection CR 478-03 RESOLVED, that having considered a communication from the City Planning Commission, dated July 24, 2003, which transmits its resolution 07-112-2003, adopted on July 22, 2003, with regard to the request submitted by Leo Soave, on behalf of Boulder Pines East, for approval of the Master Deed, bylaws and Site Plan in connection with Petition 2003-07-08-18, for the construction of Phase III of a condominium development (Boulder Pines East) located on the south side of Seven Mile Road between Merriman Road and Brookfield Avenue in the North 1/2 of Section 10, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and the Master Deed and Regular Meeting of September 10, 2003 34259 bylaws and Site Plan in connection with Petition 2003-07-08-18 are hereby approved and granted, subject to the following conditions 1 That the Master Deed complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04 - 16 40 of the Livonia Code of Ordinances, and Article XX, Section 20 01- 20 06 of Zoning Ordinance #543, except for the fact the following shall be incorporated, • That the first floor of each condominium unit shall be brick or stone, on all four sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, 2 That the petitioner shall include language in the Master Deed or separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing by the City of Livonia, 3 That the brick used in the construction of each condominium unit shall be full face four (4) inch brick, no exceptions, 4 That the petitioner shall include language in the Master Deed or a separate recordable instrument establishing a cross access agreement between this development and the adjacent developments that are being developed in relationship to this phase, 5 That the Site Plan marked Sheet 1 dated 6/26/03 prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 6 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 7 That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and 1 Regular Meeting of September 10, 2003 34260 8 That the petitioner shall comply with the stipulations listed in the correspondence dated July 18, 2003, from the Division of Police of the Department of Public Safety' • Install street lighting to enhance traffic safety and to promote crime prevention • Install sidewalks for pedestrian safety • Install a stop sign for southbound traffic at the intersection CR 479-03 RESOLVED, that having considered a communication from the City Planning Commission, dated August 7, 2003, which transmits its resolution 08-113-2003 adopted on August 5, 2003, with regard to Petition 2003-07-08-19 submitted by Holiday Inn, on behalf of Shanahan's Irish Pub, requesting site plan approval in connection with a proposal to renovate the exterior of the building located at 17123 Laurel Park Drive, on the west side of Laurel Park Drive between Six Mile Road and University Drive in the Southeast 1/4 of Section 7, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-07-08-19 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, marked Sheet Al 0 dated July 30, 2003, prepared by L & M Associates, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan, marked Sheet A7 0 dated September 2, 2003, as revised, prepared by L & M Associates, is hereby approved and shall be adhered to, 3 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 4 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 5 That the wall signage depicted on the approved Elevation Plan is hereby approved and shall be adhered to, 6 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for deficient parking and excessive signage and any conditions related thereto, Regular Meeting of September 10, 2003 34261 7 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated July 31, 2003 • that the parking lot shall be repaired and/or repaved, most notably the north main entrance drive and the north and northwest parking areas, 8 That, if feasible, the Petitioner shall either add or move a few handicap parking spaces closer to the main entrance of the restaurant, as recommended by the Traffic Bureau, subject to the approval of the Inspection Department; and 9 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for A roll call vote was taken on the foregoing resolutions with the following result. AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None Three photos received at the Water, Sewer and Waste Committee meeting of August 19, 2003, entitled "Ice filled ditch over road and sidewalk", "Sump water freezes blocks flow", and "Sunnydale Road in front of 29070", re water drainage problems at 29070 Sunnydale, as well as their neighbors, were received and placed on file for the information of the Council (CR 553-02) A communication from the Department of Law, dated December 17, 2002, re whether the City has any recourse against new homeowners who have sump pumps that outlet into road ditches, relative to water drainage problems at 29070 Sunnydale, as well as their neighbors, was received and placed on file for the information of the Council (CR 553-02) On a motion by Knapp, seconded by Taylor, and unanimously adopted, it Regular Meeting of September 10, 2003 34262 was CR 480-03 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated August 19, 2003, submitted pursuant to Council Resolution 553-02, in connection with the water drainage problem at 29070 Sunnydale and surrounding areas, the Council does hereby refer the subject of soil conditions on and around the affected area, identifying the impact of the drainage water in the surrounding private and public properties (including the street) and providing potential solutions to the drainage condition including cost estimates and cost sharing proposals, if necessary, to the Engineering Division for its report and recommendation A communication from the Engineering Division, dated August 4, 2003, re water problems in the area of Melvin and Bretton relative to Petition 2002-03-01-02 (Prysdale rezoning), and their recommendation that another set of catch basins be installed at this location, was received and placed on file for the information of the Council (CR 571-02) On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 481-03 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated August 19, 2003, submitted pursuant to Council Resolution 571-02 in connection with the subject of storm water problems in the area of 29901 Bretton Road (in connection with Petition 2002-03-01-02), the Council does hereby concur in the recommendation of the Administration and hereby requests that the Engineering Division solicit proposals from companies to perform the necessary work to install another set of catch basins in this area, FURTHER, the Council agrees to waive the competitive bidding process in order to complete the work in the current construction season On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 482-03 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated August 19, 2003, submitted pursuant to Council Resolution 571-02, in 1 Regular Meeting of September 10, 2003 34263 connection with the subject of storm water problems in the area of 29901 Bretton Road (relative to Petition 2002-03-01-02), and Council's recommendation that the Engineering Division solicit proposals to perform the necessary work to install another set of catch basins in this area, without competitive bidding, the Council does hereby determine to take no further action on this subject matter CR 483-03 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated August 19, 2003, submitted pursuant to Council Resolution 113-02, in connection with the request from Estate Millcreek L L C for a sanitary sewer easement over City-owned property (Rotary Park) located on the south side of Seven Mile Road, east of Brookfield Avenue, in the Northwest 1/4 of Section 10, the Council does hereby determine to take no further action with regard to this matter An aerial photograph of the area of Eight Mile Road between 1-275 and Newburgh Road, submitted by the Engineering Division and received at the Streets, Roads and Plats Committee Meeting of August 26, 2003, was received and placed on file for the information of the Council (CR 346-03) On a motion by Laura, seconded by Dolan, and unanimously adopted, it was CR 484-03 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated August 26, 2003, submitted pursuant to Council Resolution 346-03, with regard to the possible installation of sidewalks on Eight Mile Road, between 1-275 and Newburgh Road, the Council does hereby refer the subject of the feasibility of the installation of an asphalt bike path, including the costs of both dirt and asphalt, to the Engineering Division for its report and recommendation On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 485-03 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated August 26, 2003, submitted pursuant to Council Resolution 346-03, with regard to the possible installation of sidewalks on Eight Mile Road, between 1-275 and Newburgh Road, the Council does hereby refer the Regular Meeting of September 10, 2003 34264 subject of requirements for a Special Assessment District to the Engineering Division for its report and recommendation A communication from the Department of Public Works, Public Service Division, dated August 21, 2003, re 1-275 Noise Concern Update, was received and placed on file for the information of the Council (CR 816-00) A communication from Sandra Carroll, Families Near 1-275, dated August 4, 2003, re revised State Transportation Commission Policy 10136, Noise Abatement, and the rules and procedures for governmental authorities to apply for noise abatement funding, was received and placed on file for the information of the Council (CR 816-00) A communication from Senator Laura Toy, dated July 31, 2003, re a meeting to be held in her Lansing Office on August 5, 2003 relative to the use of a "living berm" as a means of noise abatement, was received and placed on file for the information of the Council (CR 816-00) (CR 313-03) A communication from Bill Mozurkewich, 39373 Lyndon, Livonia, 48154, received at the Streets, Roads and Plats Committee meeting of August 26, 2003, re his recommendations for noise abatement on 1-275, was received and placed on file for the information of the Council (CR 816-00) A communication from Kathy Henning, 17480 Fairway, Livonia, 48152, dated August 4, 2003, re the impact of the noise on 1-275 on her life, was received and placed on file for the information of the Council (CR 816-00) On a motion by Laura, seconded by Dolan, and unanimously adopted, it was CR 486-03 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated August 26, 2003, submitted pursuant to Council Resolution 816-00, with Regular Meeting of September 10, 2003 34265 regard to the subject of 1-275 Noise Abatement, the Council does hereby request that the Administration expedite all actions concerning 1-275 with the Michigan Department of Transportation Councilmember Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION A OF SECTION 150 OF TITLE 3, CHAPTER 08 (SPECIAL ASSESSMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2002-02-03-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Dolan, seconded by Taylor, and unanimously adopted, it was CR 487-03 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 2003, which sets forth its resolution 05-63-2003 adopted on May 6, 2003, with regard to Petition 2003-02-01-10, submitted by Larry DeFiore, on behalf of Spalding Properties, LLC, for a change of zoning of property located on the south side of Plymouth Road between Newburgh Road and Roselinda Road in err. Regular Meeting of September 10, 2003 34266 the Southeast 1/4 of Section 30 from RUF to R-8 and R-1, and the Council having conducted a public hearing with regard to this matter on August 25, 2003, pursuant to Council Resolution 356-03, the Council does hereby approve Petition 2003-02-01-10, as amended so as to rezone the property to R-1 only, for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Dolan, seconded by Taylor, and unanimously adopted, it was CR 488-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 2, 2003, which sets forth its resolution 05-66-2003 adopted on May 20, 2003, with regard to Petition 2003-03-01-11, submitted by Michael Fant, for a change of zoning of property located at 36025 Ann Arbor Trail, on the south side of Ann Arbor Trail between Grandon Avenue and Linville Avenue in the Southeast 1/4 of Section 32, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on August 25, 2003, pursuant to Council Resolution 310-03, the Council does hereby approve Petition 2003-03-01-11, as amended so as to rezone the property to R-2, for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 489-03 RESOLVED, that in connection with Petition 2003-03-01-11, the Council does hereby refer the issue of storm water problems in the area surrounding the property located at 36025 Ann Arbor Trail to the City Engineer for his report and recommendation On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was L Regular Meeting of September 10, 2003 34267 CR 490-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 2, 2003, which sets forth its resolution 05-67-2003 adopted on May 20, 2003, with regard to Petition 2003-04-01-12, submitted by Frank J Kokenakes, on behalf of General Properties Company, LLC, for a change of zoning of property located on the west side of Sunset Avenue between Kenwood Court and Eight Mile Road in the Northwest 1/4 of Section 2 from RUFA to R-3, and the Council having conducted a public hearing with regard to this matter on August 25, 2003, pursuant to Council Resolution 310-03, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 491-03 RESOLVED, that in connection with Petition 2003-04-01-12, the Council does hereby refer the issue of Storm Water Management in this area to the City Engineer for his report and recommendation A communication from the Department of Law, dated September 2, 2003, re a proposed language change ordinance amendment which allows churches as a permitted use in the C-2 district and complies with the Religious Land Use and Institutionalized Persons Act (RLUIPA), was received and placed on file for the information of the Council (Petition 2003-04-06-02) Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 1102 OF ARTICLE XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-04-06-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it Regular Meeting of September 10, 2003 34268 was CR 492-03 RESOLVED, that having considered a letter from Vicki Reault, representing Newburg United Methodist Church, dated August 21, 2003, which requests permission to display approximately 20 signs announcing the Newburg United Methodist Church Mom to Mom Sale to be conducted on Friday, September 26, 2003, and Saturday, September 27, 2003, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City of Livonia only, no earlier than Friday, September 19, 2003, and removed no later than Sunday, September 28, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted Councilmember Vandersloot wished a "Happy Birthday" to Barbara Kurzeja, Clerk-Typist I in the City Council office, who celebrates her birthday on September 11 She also extended congratulations to City Clerk Joan McCotter on the birth of her granddaughter, Abigail, whose parents are Dennis and Shellie McCotter On a motion by Brosnan, seconded by Knapp, and unanimously adopted, this 1,496th Regular Meeting of the Council of the City of Livonia was adjourned at 8 40 p m , September 10, 2003 J an McCotter, City Clerk